OAR 839-004-0001
Background, Purpose and Scope of the Oregon Safe Employment Act and these Rules
(1)
The Oregon Safe Employment Act (OSEA) includes the statutes described below:(a)
ORS 654.001 (Short title) to .295, providing for safety and health conditions in places of employment, workplace safety committees, hazard communication and hazardous substances, and health and sanitation inspections.(b)
ORS 654.412 (Definitions for ORS 654.412 to 654.423) to .423, providing for safety of health care employees.(c)
ORS 654.750 (Definitions for ORS 654.750 to 654.780) to .780, providing for hazardous chemicals in agriculture.(2)
ORS 654.062 (Notice of violation to employer by worker) provides that:(a)
An employee should notify the employer of any violation of law, regulation or standard pertaining to safety and health in the place of employment when the violation comes to the knowledge of the employee.(b)
Any employee or representative of the employee may complain of such violation to the Oregon Department of Consumer and Business Services (DCBS) whether or not the employee notifies the employer. DCBS will follow the procedures provided by ORS 654.062 (Notice of violation to employer by worker)(3) and (4).(c)
The Civil Rights Division (division) of the Bureau of Labor and Industries has jurisdiction to enforce ORS 654.062 (Notice of violation to employer by worker)(5), which provides that it is an unlawful employment practice for any person to bar or discharge from employment or otherwise discriminate against any employee or prospective employee because that individual has opposed any practice prohibited by OSEA; made any complaint or instituted or caused to be instituted any proceeding under or related to OSEA; testified or is about to testify in any such proceeding or exercised on behalf of the employee, prospective employee or others any right afforded by OSEA.(3)
Employees and prospective employees are also protected from discrimination under ORS 654.062 (Notice of violation to employer by worker)(5):(a)
By any person, whether or not the person is the employee’s or prospective employee’s employer;(b)
If the employee or prospective employee is perceived to take any protected actions described in subsection (2)(c) of this rule; or(c)
If the employee or prospective employee opposed a practice that the employee or prospective employee in good faith believed was prohibited under OSEA.
Source:
Rule 839-004-0001 — Background, Purpose and Scope of the Oregon Safe Employment Act and these Rules, https://secure.sos.state.or.us/oard/view.action?ruleNumber=839-004-0001.